Urban local bodies in Bihar

In December 2022, voters in Bihar's cities did something new: they directly elected their mayors and deputy mayors. Until then, mayors had been chosen by ward councillors. The change was one of several reforms to Bihar's urban local government — a system that matters more and more as the state's small towns grow.

The constitutional framework

The 74th Amendment (1992) added Part IXA (Articles 243P–243ZG) and the Twelfth Schedule (18 functions) to the Constitution, providing for:

• three types of urban local bodies;
• direct elections to wards;
• reservation for SCs, STs and women (at least one-third);
• a five-year term;
• State Election Commission and State Finance Commission;
• ward committees in larger municipalities;
• district and metropolitan planning committees.

The Bihar Municipal Act, 2007

Bihar's urban local bodies are governed by the Bihar Municipal Act, 2007.

Bihar has expanded the number of urban local bodies significantly in recent years, upgrading councils to corporations and creating many new nagar panchayats.

Reservation

The triple test and the 2022 elections

In 2022, the Patna High Court held that reservation for EBCs in urban local body elections could not be given without satisfying the triple test laid down by the Supreme Court — a dedicated commission, data on political backwardness, and total reservation within 50 per cent. Elections were postponed; the state constituted a dedicated commission to study EBC backwardness in urban bodies, and elections were held in December 2022 on its recommendations.

Who holds power?

The elected wing

• Ward councillors (parshad), elected from wards.
• Mayor (Nagar Nigam) / Chairperson (Nagar Parishad, Nagar Panchayat) — directly elected by voters since the 2022 elections, following amendments to the Act.
• Deputy Mayor / Vice-Chairperson — also directly elected.
• Empowered Standing Committee — the key executive committee of elected members.

The executive wing

• Municipal Commissioner (in municipal corporations) — usually an IAS officer — heads the administration.
• Executive Officer (in councils and nagar panchayats).

Functions

• Water supply, sewerage and drainage;
• solid waste management;
• roads and street lights;
• building permissions;
• public health and sanitation;
• birth and death registration;
• markets and slaughterhouses;
• urban poverty alleviation and housing.

Finances

Most Bihar municipalities depend heavily on grants, with weak own revenue.

Challenges

Reforms often suggested

• Stronger property tax administration (GIS mapping, online payment).
• Municipal cadre of trained staff.
• Ward committees and citizen participation.
• Master plans for growing towns.
• Clear division of powers between the mayor, standing committee and commissioner.

Practice

Prelims-style:

1. Under which Act are Bihar's urban local bodies governed?
2. When did Bihar first hold direct elections for mayors?
3. What is the triple test?
4. Which schedule of the Constitution lists the functions of municipalities?
5. What percentage of seats in Bihar's urban bodies are reserved for women?

Mains-style:

• "Directly elected mayors can strengthen urban governance only if they have real powers." Discuss with reference to Bihar.
• Examine the challenges of urban governance in Bihar and suggest reforms.